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Articles 16171 - 16200 of 16448
Full-Text Articles in Law
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
Felice J Batlan
Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John L. Gedid
Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John L. Gedid
John L. Gedid
No abstract provided.
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo
Michael R Dimino
Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne
Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne
Daniel T. Coyne
No abstract provided.
Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan
Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan
Anil Kalhan
This essay explores the experiences with emergency and emergency-like powers in postcolonial Pakistan and India to illustrate the ways in which constitutional and extraconstitutional states of exception can converge in their application. The experiences in Pakistan with what I term its "extraconstitution" - illustrated most recently by the state of "emergency" declared by Pervez Musharraf in 2007 - demonstrate, perhaps unsurprisingly, that extraconstitutional assertions of emergency powers can provide a ready template for authoritarian rulers to usurp power, violate fundamental rights, and transform the constitutional landscape in the guise of addressing a crisis. At the same time, the authoritarianism in …
Lawyers And The Power Of Community: The Story Of South Ardmore, Corey S. Shdaimah
Lawyers And The Power Of Community: The Story Of South Ardmore, Corey S. Shdaimah
Corey S Shdaimah
Community organizing and lawyering have often been seen as incompatible. Lawyers are said to take over, many legal remedies are not amenable to and even dampen lay participation, and legal efforts can siphon money and other scarce resources. However, community organizations choose to seek out legal assistance for the benefits it provides despite their awareness of the dangers of working with lawyers and engaging the law. Much of the more recent literature shows that lawyers working with community organizations are also sensitive to these potential risks and benefits. This article presents the author’s efforts to organize her South Ardmore community …
The Affordable Care Act: What Does Healthcare Reform Say About Us?, Andrew J. Fichter
The Affordable Care Act: What Does Healthcare Reform Say About Us?, Andrew J. Fichter
Andrew J Fichter
No abstract provided.
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery
Brendan T Beery
This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
The application of copyright law to music has long been fraught with complexities and continuing problems. Problems in the application of copyright to blues music have come to pass, in part, as a result of the peculiar ways in which copyright has been applied to nonvisual technologies of musical creation and reproduction. In the nineteenth century, music creation and reproduction reflected a live performance tradition, within a commercial context in which sheet music was the dominant form of fixed musical reproduction. Although copyright has been an inexact fit for music generally, in a world in which sheet music was the …
Sec Opens The Door For Climate Change-Related Shareholder Proposals And Disclosure Requirements, With Potential New Liabilities For Public Companies, Matthew P. Allen, Eric Jamison, Mark J. Bennett
Sec Opens The Door For Climate Change-Related Shareholder Proposals And Disclosure Requirements, With Potential New Liabilities For Public Companies, Matthew P. Allen, Eric Jamison, Mark J. Bennett
Matthew P. Allen
No abstract provided.
Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite
Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite
Eric Stover
The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo
The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo
Alexa Koenig
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal- procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar …
Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster
Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster
Neil J Foster
Explores civil liability arising from the Buncefield refinery explosion.
Reconsidering Federalism And The Farm, Margaret Sova Mccabe
Reconsidering Federalism And The Farm, Margaret Sova Mccabe
Margaret Sova McCabe
Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, Margaret Sova Mccabe
Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, Margaret Sova Mccabe
Margaret Sova McCabe
El Control De Concentraciones Económicas Y Fusiones En El Régimen Competitivo Argentino, Carlos Molina Sandoval
El Control De Concentraciones Económicas Y Fusiones En El Régimen Competitivo Argentino, Carlos Molina Sandoval
Carlos Molina Sandoval
El régimen competitivo no prohíbe la formación de poderes económicos (de hecho, la misma ley permite gozar de posición dominante -arts. 4 y 5, LDC-), sino que busca controlar mediante una notificación la estructuración del poder económico en el mercado, sancionando sólo aquellos que puedan afectar el interés económico general (art. 7, LDC). Este ensayo analiza el control de concentraciones económicas en el régimen argentino.
Retribución De Los Directores En Las Sociedades Comerciales, Carlos Molina Sandoval
Retribución De Los Directores En Las Sociedades Comerciales, Carlos Molina Sandoval
Carlos Molina Sandoval
El presente artículo analiza el art. 261, LSC, que regula la remuneración del directorio en la sociedad anónima.
The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley
The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley
Timothy G. Kearley
Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, Eric M. Fink
Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, Eric M. Fink
Eric M Fink
Online social network sites (“SNS”) have emerged as a significant socio-technical phenomenon in the past several years. Scholars from various disciplines have examined these sites to develop a better understanding of their social significance and implications from a variety of perspectives. Within the burgeoning field of SNS studies, one strand of work focuses on the place of SNSs in students’ educational experiences and the potential pedagogical applications of SNSs. However, the SNS phenomenon generally, and its educational/pedagogical significance in particular, have received scant attention from legal scholars. This article examines the place of SNSs within the contemporary law school experience, …
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Maureen A Weston
Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.
Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.
Maureen A Weston
In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility of “other possible avenues” for …
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …
Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana
Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana
Deepa Badrinarayana
Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …
Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe
Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe
Maxwell Cameron
"Cameron and Sharpe begin with the observation that Latin American left turns have occurred within the framework of electoral democracy, and that the concerns about the 'illiberalism' of the left (or indeed of some Latin American democracies generally) are belied by a remarkable commitment to constitutionalism on the part of precisely those leaders who have emerged in countries where liberal and republican institutions have historically been most weak: the Andes. Yet the commitment to constitutionalism can limit the possibilities for fundamental reform. Cameron and Sharpe see the allure of 'constituent power' as a formula for attempting 'foundational' change without revolutionary …
Lawrence Friedman’S Comparative Law, Tom Ginsburg
Lawrence Friedman’S Comparative Law, Tom Ginsburg
Tom Ginsburg
For over four decades, Lawrence Friedman has been one of the key figures in American law and society studies, as well as the country’s leading legal historian. His unique vantage point has brought him into contact with a wide range of subfields in legal studies, including comparative law. Though he has never published in the leading journals of the discipline, Friedman’s series of book chapters and articles commenting on the field of comparative law have articulated a consistent and important methodological challenge. This essay elaborates Friedman’s comparative jurisprudence and argues that comparative law since the 1960s would have been much …
La Causa Como Posible Cláusula General Del Ordenamiento Jurídico En Las Aplicaciones Jurisprudenciales
Carlos Augusto Acosta Olivo
No abstract provided.
Paradigm Shifts In Products Liability And Negligence, Alani Golanski
Paradigm Shifts In Products Liability And Negligence, Alani Golanski
Alani Golanski
The Unrecognized Dominance Of Law In Morality: The Case Of Promises, Ronit Donyets-Kedar
The Unrecognized Dominance Of Law In Morality: The Case Of Promises, Ronit Donyets-Kedar
Ronit Donyets-Kedar
Abstract The commonplace view is that moral thinking has significantly influenced legal theory, but law has had very little theoretical effect on morality. In this article, I attempt to show this is not so. Taking the inverse course in tracing the interrelations between law and morality – investigating morality from the perspective of law rather than examining law from the perspective of morality– I show, through the case of promises, that legal theory has greatly affected dominant strands of moral thought. By bringing to the fore the robust legal elements that guide some of the prevailing moral theories, my aim …